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Sources of International Investment Law: Multilateralization, Arbitral Precedent, Comparativism, Soft Law  

Stephan W. Schill

Print publication date:
Oct 2017
Online publication date:
Feb 2018
This chapter discusses the use of sources of international law in the settlement of disputes arising under bilateral, regional, multilateral investment treaties and investment chapters in ... More

Sources of International Investment Law: Conceptual Foundations of Unruly Practices  

Jorge E. Viñuales

Print publication date:
Oct 2017
Online publication date:
Feb 2018
This chapter addresses the challenges posed by the practice of international investment law to the conventional theory of the sources of international law. After a brief overview of the ... More

Sources of International Trade Law: Mantras and Controversies at the World Trade Organization  

Joost Pauwelyn

Print publication date:
Oct 2017
Online publication date:
Feb 2018
This chapter argues that the World Trade Organization (WTO) approach to sources of law is legal-positivist, non-teleological, and focused predominantly on the text of WTO covered ... More

Sources of International Trade Law: Understanding What the Vienna Convention Says About Identifying and Using ‘Sources For Treaty Interpretation’  

Donald H. Regan

Print publication date:
Oct 2017
Online publication date:
Feb 2018
International trade law is overwhelmingly treaty-based. For practical purposes, the unique traditional ‘source’ of WTO law is the WTO treaty. But treaties require interpretation, and there ... More

Technology and the Law of International Trade Regulation  

Thomas Cottier

Print publication date:
Jul 2017
Online publication date:
Mar 2017
With regards to global trade, where new technologies impact both on what is traded and how, this chapter sketches the current regulatory landscape and projects the implications of emerging ... More

Transnational Commercial Surrogacy: Contracts, Conflicts, and the Prospects of International Legal Regulation  

Cyra Akila Choudhury

Online publication date:
Dec 2016
With the emergence of assisted reproductive technologies, particularly in vitro fertilization, gestational surrogacy in which an woman can be hired to gestate the child of commissioning ... More

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